RESOLUTION of the sanctionative procedure no. PS 28/2010, referring to the Institute Català de la Salut.

The delivery of a receipt of visit that third contains particulars related to the health in one without the express consent of the affected person nor the concurrence of a legal habilitation constitutes a very severe breach of the duty of secret. Article 11.2 d) LOPD that allows the cession of particulars without the consent of the one affected in the organs judicial, it only results from application when these require it like this. The concept of health datum has to be interpreted in the broad sense. In the cases of offenses of the public administrations they do not operate on the criteria for graduation of the sanctions foreseen in the sections 4 and 5 of the LOPD. Applied articles: 10, 11.2 d), 44.4 g) LOPD.